ENVIRONMENTAL LITERACY REVISION

CONTENTS

ENVIRONMENTAL CONVENTIONS

CONSTITUTION OF KENYA 2010 AND ENVIRONMENT

PREPARED BY MR ENOCK MOGAKA

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Environmental conventions are international agreements or treaties designed to address
global environmental issues

Since the first major international conference on environmental issues in 1972, numerous
conventions have been developed to tackle various environmental challenges. Below is a
summary of key environmental conventions since 1972:

1. The Stockholm Declaration (1972)

- Issue Addressed: General Environmental Protection, Sustainable Development

- Convention Focus: This was not a legally binding treaty but a major milestone in the
establishment of global environmental governance. It led to the creation of the **United Nations
Environment Programme (UNEP). The declaration emphasized the need to address pollution,
natural resource depletion, and the need for coordinated global action.

- Key Outcome: Established the framework for sustainable development and environmental
protection, inspiring numerous international agreements.

2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) (1973)

- Issue Addressed: Wildlife Conservation, Biodiversity Loss

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 - Convention Focus: CITES aims to ensure that international trade in wild animals and plants
does not threaten their survival. It regulates and monitors the trade of over 35,000 species of
animals and plants.

- Key Outcome: It has been successful in curbing the illegal trade of endangered species,
providing an international framework for wildlife conservation.

3. The Montreal Protocol on Substances that Deplete the Ozone Layer (1987)

- Issue Addressed: Ozone Depletion

- Convention Focus: The Montreal Protocol regulates the production and consumption of
ozone-depleting substances (ODS), such as chlorofluorocarbons (CFCs). It is considered one of
the most successful environmental treaties, having contributed to the recovery of the ozone layer.

- Key Outcome: The protocol led to the global phase-out of many ODS and significantly
contributed to the healing of the ozone layer.

4. The Rio Declaration on Environment and Development (1992)

Issue Addressed: Sustainable Development, Environmental Governance

Convention Focus: The Rio Declaration, adopted at the **Earth Summit** in Rio de Janeiro, laid
down 27 principles for sustainable development. It highlighted the need for environmental
protection alongside economic development.

Key Outcome: Established the framework for the Agenda 21 program, which is a
comprehensive blueprint for sustainable development.

5. The United Nations Framework Convention on Climate Change (UNFCCC) (1992)

Issue Addressed: Global Climate Change

Convention Focus: The UNFCCC is a treaty aimed at addressing climate change by stabilizing
greenhouse gas concentrations. It set the stage for future climate negotiations and led to the
adoption of legally binding agreements like the Kyoto Protocol and Paris Agreement.

Key Outcome: The UNFCCC established the framework for global efforts to combat climate
change and has been the foundation for subsequent climate negotiations.

6. The Convention on Biological Diversity (CBD) (1993)

Issue Addressed: Biodiversity Loss

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Convention Focus: The CBD aims to conserve biodiversity, promote the sustainable use of
biological resources, and ensure the fair and equitable sharing of benefits arising from the use of
genetic resources.

Key Outcome: Led to the establishment of international targets for biodiversity conservation,
including the Aichi Biodiversity Targets.

7. The Kyoto Protocol (1997)

Issue Addressed: Climate Change (Greenhouse Gas Emissions)

Convention Focus: The Kyoto Protocol is a legally binding agreement under the UNFCCC that
committed industrialized nations to reduce greenhouse gas emissions to mitigate global warming.

Key Outcome: The protocol set emissions reduction targets for developed countries and
established mechanisms such as carbon trading.

8. The Cartagena Protocol on Biosafety (2000)

Issue Addressed: Genetically Modified Organisms (GMOs)

Convention Focus: This protocol to the CBD aims to protect biodiversity from potential risks
posed by genetically modified organisms (GMOs) by establishing guidelines for their safe
transfer, handling, and use.

Key Outcome: It creates a framework for countries to assess and regulate the potential risks of
GMOs in international trade.

9. The Paris Agreement (2015)

Issue Addressed: Climate Change

Convention Focus: The Paris Agreement, adopted under the UNFCCC, aims to limit global
temperature rise to well below 2°C above pre-industrial levels, with efforts to limit it to 1.5°C.

Key Outcome: This legally binding agreement requires all countries to set nationally determined
contributions (NDCs) to reduce greenhouse gas emissions and promote climate resilience.

10. The Minamata Convention on Mercury (2013)

Issue Addressed: Mercury Pollution

Convention Focus: The Minamata Convention aims to protect human health and the environment
from the adverse effects of mercury exposure, particularly from industrial activities and products
containing mercury.

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Key Outcome: The treaty regulates the use, trade, and disposal of mercury and its compounds,
promoting safe alternatives and reducing mercury pollution.

11. The Sendai Framework for Disaster Risk Reduction (2015)

Issue Addressed: Disaster Risk Reduction (DRR)

Convention Focus: The Sendai Framework aims to reduce disaster risk and losses by enhancing
resilience and preparedness. It focuses on the need for comprehensive disaster risk reduction
strategies at local, national, and international levels.

Key Outcome: The Sendai Framework emphasizes the importance of disaster risk governance,
investment in disaster resilience, and the reduction of disaster-related deaths and economic loss

12. The UN Ocean Conference (2017) and the UN Decade of Ocean Science for Sustainable
Development (2021-2030)

Issue Addressed: Ocean Health, Marine Biodiversity, Marine Pollution

Convention Focus: The UN Ocean Conference aimed to accelerate action towards the
implementation of Sustainable Development Goal 14 (SDG 14): Life Below Water. The Decade
of Ocean Science aims to enhance ocean science and governance to achieve sustainable
development in marine and coastal areas.

Key Outcome: These initiatives focus on the preservation and sustainable use of oceans, coastal
ecosystems, and marine resources.

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13. The Escazú Agreement (2018)

Issue Addressed: Environmental Justice and Access to Information

Convention Focus: The Escazú Agreement aims to promote environmental justice, transparency,
and public participation in environmental decision-making in Latin America and the Caribbean.

Key Outcome: It ensures access to information, public participation in decision-making, and

access to justice in environmental matters for the citizens of the region.

Key Themes Across Environmental Conventions:

1. Climate Change Mitigation and Adaptation: Agreements like the Paris Agreement and Kyoto
Protocol focus on reducing emissions and adapting to climate change impacts.

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2. Biodiversity Conservation: Treaties such as the CBD and the Cartagena Protocol address the
conservation of ecosystems and genetic resources.

3. Pollution Prevention: Conventions like the Montreal Protocol, Minamata Convention, and the
Basel Convention work towards reducing pollution from hazardous substances.

4. Resource Management: Many conventions, such as CITES, focus on the sustainable use of
natural resources to prevent overexploitation.

Each of these conventions plays a critical role in advancing international cooperation and
providing frameworks for addressing pressing environmental challenges.

The Conference of the Parties (COP) is the supreme decision-making body of the United
Nations Framework Convention on Climate Change (UNFCCC). Since its creation, the
COP meetings have been held annually (with some exceptions) to negotiate and implement
global actions on climate change. Below is a timeline of the key COP meetings related to
climate change since 1972, focusing on their milestones and outcomes.

1. Background: The UNFCCC (1992)

The United Nations Framework Convention on Climate Change (UNFCCC) was adopted at the
Earth Summit in Rio de Janeiro, Brazil, in 1992. The convention established the framework for
future climate negotiations and recognized that climate change is a global issue that requires
international cooperation. The COP was established as the governing body of the UNFCCC.

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2. COP1 – Berlin, Germany (1995)

Key Outcome:

Berlin Mandate: The Berlin Mandate was established to initiate negotiations for legally binding
commitments for developed countries to reduce greenhouse gas emissions.

The meeting marked the start of the formal process that eventually led to the **Kyoto
Protocol**.

3. COP3 – Kyoto, Japan (1997)

Key Outcome:

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Kyoto Protocol: One of the most significant milestones in international climate negotiations,
COP3 led to the adoption of the Kyoto Protocol, which set legally binding targets for
industrialized countries to reduce their greenhouse gas emissions by an average of 5.2% below
1990 levels over the commitment period of 2008–2012.

Market Mechanisms: The protocol introduced market-based mechanisms like emissions trading,
the Clean Development Mechanism (CDM), and Joint Implementation (JI).

4. COP6 – The Hague, Netherlands (2000)

Key Outcome:

Failure to Reach Agreement: COP6 failed to finalize the details of the Kyoto Protocol,
particularly on issues such as emissions trading and the role of developing countries. This led to
the suspension of negotiations.

5. COP7 – Marrakech, Morocco (2001)

Key Outcome:

Marrakech Accords: COP7 produced the Marrakech Accords, which clarified the rules for
implementing the Kyoto Protocol, including the mechanisms of emissions trading, CDM, and the
JI.

Entry into Force: The agreements at COP7 laid the groundwork for the Kyoto Protocol to
eventually enter into force.

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6. COP13 – Bali, Indonesia (2007)

Key Outcome:

Bali Action Plan: COP13 resulted in the Bali Action Plan, which called for negotiations towards
a post-2012 agreement to address climate change, including mitigation, adaptation, finance,
technology transfer, and capacity building.

This plan paved the way for future negotiations that led to the Copenhagen Accord and
ultimately the Paris Agreement.

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7. COP15 – Copenhagen, Denmark (2009)

Key Outcome:

Copenhagen Accord: COP15 was a high-profile and controversial summit. Although no legally
binding agreement was reached, the Copenhagen Accord was negotiated by a small group of
countries and acknowledged the need to limit global warming to 2°C above pre-industrial levels.

The accord also introduced a framework for financial support to developing countries, including
a promise of $100 billion annually by 2020 to help them mitigate and adapt to climate change.

8. COP16 – Cancun, Mexico (2010)

Key Outcome:

Cancun Agreements: COP16 produced the *Cancun Agreements*, which included important
decisions on climate change financing, the continuation of the Kyoto Protocol, and the
establishment of a

Green Climate Fund to assist developing countries.

The meeting reaffirmed the goal of limiting global temperature rise to *2°C* and laid the
foundation for future international climate negotiations.

9. COP17 – Durban, South Africa (2011)

Key Outcome:

Durban Platform for Enhanced Action: COP17 established the Durban Platform, a mandate for
negotiating a new international climate agreement that would involve both developed and
developing countries.

- It marked the beginning of negotiations that ultimately led to the Paris Agreement in 2015.

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10. COP18 – Doha, Qatar (2012)

Key Outcome:

Doha Amendment to the Kyoto Protocol: COP18 resulted in the Doha Amendment, which
extended the Kyoto Protocol's second commitment period** (2013–2020) and further clarified
the global climate change framework.

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Discussions also continued on creating a new universal climate agreement, which culminated in
theParis Agreement at COP21.

11. COP21 – Paris, France (2015)

Key Outcome:

Paris Agreement: The landmark Paris Agreement was adopted, marking a historic moment in
international climate negotiations. The agreement's central goal is to limit global temperature rise
to well below 2°C, aiming for a maximum of 1.5°C above pre-industrial levels.

Nationally Determined Contributions (NDCs): Countries agreed to submit their individual

climate plans (NDCs) outlining their contributions to reducing greenhouse gas emissions.

Global Climate Finance: Developed countries reaffirmed the promise to mobilize $100 billion
annually by 2020 to support climate actions in developing countries.

12. COP22 – Marrakesh, Morocco (2016)

Key Outcome:

Marrakesh Action Proclamation: COP22 focused on implementing the Paris Agreement. It also
solidified the importance of supporting developing countries, particularly through climate
finance, adaptation efforts, and capacity building.

The meeting highlighted the urgency of accelerating climate action and transitioning to a low-
carbon economy.

13. COP23 – Bonn, Germany (2017)

Key Outcome:

Implementation of the Paris Agreement: COP23 focused on finalizing the rules and guidelines
for implementing the Paris Agreement. The meeting, presided over by Fiji (with Germany as the
host), focused on issues such as climate finance, adaptation, and transparency.

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The Talanoa Dialogue was initiated as part of the broader effort to assess global progress on
climate goals.

14. COP24 – Katowice, Poland (2018)

Key Outcome:

Katowice Rulebook: COP24 finalized the rulebook for implementing the Paris Agreement,
including detailed rules on how countries should report their progress on reducing emissions and
adapt to climate change.

The meeting also focused on the issue of carbon markets and further mechanisms to achieve
global climate goals.

15. COP25 – Madrid, Spain (2019)

Key Outcome:

Lack of Major Progress: COP25 ended with limited progress on critical issues such as carbon
markets, climate finance, and loss and damage. While discussions continued, many hoped that
COP26 (in Glasgow) would make significant advancements.

The Madrid Climate Conference reflected the challenges of moving forward with meaningful
climate actions amidst differing priorities of developed and developing countries.

16. COP26 – Glasgow, UK (2021)

Key Outcome:

Glasgow Climate Pact: COP26 made significant progress in terms of addressing climate change.
The Glasgow Climate Pact reaffirmed the 1.5°C temperature goal and included commitments to
reduce coal dependence, curb deforestation, and increase climate financefor developing
countries.

The conference saw countries update their NDCs and announce new actions on methane
reductions, carbon markets, and adaptation financing.

Phasing Out Coal: There was a notable commitment to phase out unabated coal and reduce
fossil fuel subsidies.

17. COP27 – Sharm El Sheikh, Egypt (2022)

Key Outcome:

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Loss and Damage Fund: COP27 resulted in the creation of a Loss and Damage Fund to help
vulnerable countries that are already experiencing the impacts of climate change, particularly in
terms of adaptation and loss of resources.

Global Stocktake: COP27 set the stage for the global stocktake in 2023, which will assess the
progress made in achieving the Paris Agreement's climate goals.

18. COP28 – Dubai, United Arab Emirates (UAE), 2023

COP28 took place from November 30 to December 12, 2023 in Dubai, United Arab Emirates
(UAE), under the presidency of the UAE. This Conference of the Parties (COP) is particularly
significant because it was the first COP hosted by the UAE, a country that plays a pivotal role in
the global energy landscape, both as a major oil producer and a proponent of clean energy
initiatives. Here is an overview of the major outcomes, themes, and developments from COP28:

1. Key Themes and Priorities at COP28

Global Stocktake (GST): One of the central features of COP28 was the Global Stocktake of the
Paris Agreement. This is a review of the collective progress made since the agreement was
adopted in 2015, assessing whether the global community is on track to meet the target of
limiting global warming towell below 2°C, and ideally to 1.5°C above pre-industrial levels by
the end of the century. COP28 was tasked with reviewing progress and accelerating efforts.

Net-Zero and Emissions Reductions: A major focus of the conference was the call for net-zero
emissions commitments. Despite the efforts already underway, many experts argue that current
global emission reduction plans are insufficient to meet the 1.5°C target. The conference aimed
to assess how nations can ramp up their efforts to achieve net-zero emissions and what actions
need to be taken at national and global levels to close the ambition gap.

Finance for Climate Action: Climate finance remained a crucial topic. Developed countries
reaffirmed their commitment to the goal of mobilizing $100 billion annually in climate finance
for developing countries, a pledge originally made at COP15 (2009). The UAE, as the host, also
emphasized the importance of financing both mitigation (reducing emissions) and adaptation
(building resilience to climate impacts), particularly for the most vulnerable countries.

Loss and Damage: Loss and damage (compensation for vulnerable countries suffering the
impacts of climate change) was another critical agenda item. COP28 continued discussions
following the creation of the Loss and Damage Fund at COP27 in Sharm El Sheikh, Egypt
(2022). The operationalization of this fund was expected to be a key deliverable, with emphasis
on mechanisms for how funds would be distributed and which countries would be the recipients.

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Energy Transition: The energy transition was a key theme, with calls for accelerated shifts from
fossil fuels to renewable energy sources. The UAE, as a major oil and gas producer, used its
leadership to advocate for both energy security and transition to clean energy. While some calls
emphasized reducing fossil fuel dependence, the UAE proposed solutions that balance continued
oil and gas production with investments in clean energy technologies, such as nuclear power,
solar energy, and hydrogen.

Adaptation and Resilience: Ensuring that countries, particularly those most vulnerable to climate
impacts (e.g., Small Island Developing States and Least Developed Countries), can adapt to
climate change was a priority. This included investments in climate resilience, disaster
preparedness, and the development of early warning systems.

2. Key Outcomes from COP28

Global Stocktake Report: The Global Stocktake was released at COP28, providing a detailed
assessment of the progress towards the Paris Agreement’s goals. The report revealed that while
some progress had been made in terms of emissions reductions, countries are still far behind the
trajectory needed to limit global warming to 1.5°C. While the stocktake did acknowledge that the
global community is starting to take more aggressive action, it emphasized the need for greater
ambition and accelerated implementation of policies.

Loss and Damage Fund Operationalization: A major achievement of COP28 was the progress
made on the operationalization of the Loss and Damage Fund that was established at COP27.
The fund aims to support developing countries and vulnerable communities facing irreparable
damage from climate change impacts (e.g., sea level rise, extreme weather events). At COP28,
the international community agreed on the governance structure and principles of how the fund
would be administered, including decisions on the eligibility criteria for receiving support and
the mechanisms for financial contributions.

Energy Transition Pledges: COP28 saw the launch of new commitments to accelerate the energy
transition globally. Several countries, international organizations, and private sector entities
announced new financial commitments to support renewable energy projects, energy access for
underserved populations, and investments in green hydrogen and clean technologies. While
fossil fuel producers continued to advocate for a just transition, the overall tone at COP28
suggested an increasing shift toward a low-carbon future.

Increased Ambition on Climate Mitigation: COP28 emphasized the need for greater ambition in
achieving net-zero emissions. Several countries updated their Nationally Determined
Contributions (NDCs), signaling stronger climate action plans and further cuts in carbon
emissions. A significant focus was placed on decarbonizing key sectors such as transport,
industry, and agriculture.

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Adaptation and Resilience: COP28 underscored the importance of adaptation financing for
developing countries. A number of pledges were made to enhance funding for climate adaptation
initiatives, especially in the most vulnerable regions like Sub-Saharan Africa, South Asia, and
Small Island Developing States.

3. Innovations and Developments at COP28

Climate Action in the Private Sector: COP28 saw strong participation from the private sector,
which made numerous pledges and commitments to green investments. Several global
corporations and financial institutions committed to net-zero emissions by 2050 and unveiled
new sustainability goals and green financing initiatives.

Technological Innovations: The conference highlighted the role of technological innovation in

addressing climate change. Many new technologies in carbon capture, renewable energy, and
green hydrogen were presented as solutions to reduce emissions and accelerate the transition to
cleaner energy sources.

Carbon Markets and Accountability: Discussions also included the development of robust carbon
markets and the use of carbon credits. The challenge of ensuring transparency, accountability,
and integrity in carbon trading mechanisms was addressed. The aim was to avoid green washing
and ensure that emissions reductions are real, measurable, and additional

Challenges at COP28

Fossil Fuel Dependence vs. Climate Action: The role of fossil fuels in global climate action
remained a contentious issue at COP28, with many developed countries calling for a phase-out
of coal, oil, and gas. However, some major oil-producing nations, including the UAE,
maintained that a more gradual and balanced approach would be necessary, especially for
developing countries that are still highly dependent on fossil fuels for economic development.

Finance Gap: While there was some progress on climate finance, particularly in the
establishment of the Loss and Damage Fund, critics argued that **climate finance** pledges still
fell short of what is needed, especially for developing countries facing the worst impacts of
climate change. There were ongoing concerns that wealthy nations were not meeting their
financial commitments.

NDC Implementation: While many countries submitted more ambitious Nationally Determined
Contributions (NDCs), there were concerns about the ability of countries to implement their
pledges. The financing, technology transfer, and capacity-building needed to meet these goals
remain key challenges.

. Notable Statements and Announcements

UAE's Leadership: The UAE, as the host nation, made significant announcements on its own

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climate transition, pledging billions of dollars for clean energy initiatives, including nuclear
energy and renewable energy projects. It also called for a global energy transition that is
equitable and just, balancing fossil fuel use with investments in low-carbon alternatives.

United States and China: The US and China, as the world’s largest emitters of greenhouse gases,
continued to be at the center of the global discussions. Both countries reaffirmed their climate
commitments, but there were calls for stronger collaboration and greater accountability to meet
climate targets.

-Conclusion: COP28 in 2023

COP28 marked a critical moment in the global effort to address climate change, focusing on
accelerating action to meet the goals of the Paris Agreement and closing the gap between current
commitments and the actions needed to limit global warming to 1.5°C. While significant
progress was made in terms of operationalizing the Loss and Damage Fund, reinforcing the
Global Stocktake, and increasing the ambition of NDCs, there were still challenges in terms of
finance, equity, and fossil fuel dependence.

The UAE's role as host highlighted the complexities of balancing energy security with the need
for climate action, while emphasizing the importance of innovation, private-sector involvement,
and climate justice in the global transition to a low-carbon future.

The COP28 discussions underscored the urgency of acting on climate change, with continued
emphasis on climate finance, adaptation, and mitigation strategies. Looking ahead, COP29,
which will be held in 2024, will continue to drive this agenda, with hopes for further progress on
global climate commitments and concrete actions.

20. Cop 29 COP29 will take place in 2024, and the host country for this crucial climate summit
will be United Arab Emirates (UAE). This conference, held annually as part of the UN
Framework Convention on Climate Change (UNFCCC), is part of the ongoing effort to review
and strengthen global climate policies under the Paris Agreement, particularly aiming to limit
global temperature rise to 1.5°C above pre-industrial levels.

Key Expectations for COP29 in 2024

While the specific outcomes of COP29 cannot be fully predicted as it will depend on the
negotiations and decisions taken during the conference, here are some important areas of focus
and expectations based on previous conferences, especially COP27 and COP28:

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1. Global Stocktake (GST) Continuation

Global Stocktake (GST): As part of the Paris Agreement, COP29 will continue the Global
Stocktake process. This is a periodic review of how well countries are doing in meeting the
collective targets of the agreement, especially the goal of limiting global warming to 1.5°C. The
first GST began in 2023 and will be fully assessed at COP29, with countries expected to update
and potentially enhance their Nationally Determined Contributions (NDCs).

Improving Ambition: COP29 will likely emphasize that many countries need to increase their
ambition. While some nations have updated their climate plans, a lot of progress still needs to be
made in order to meet the emissions reduction targets required to avoid the worst impacts of
climate change.

2. Loss and Damage Finance

Loss and Damage Fund: COP29 will continue to address the issue of loss and damage caused by
climate impacts, particularly for developing countries and vulnerable populations. COP28 made
significant progress in operationalizing the Loss and Damage Fund, and COP29 will aim to
ensure that it is fully functional, with an agreed framework for financial contributions,
disbursements, and mechanisms for accessing funds.

Financial Accountability and Transparency: One of the critical issues will be the equitable
distribution of funds, ensuring that the most affected countries and communities receive
adequate support.

3. Ambition on Climate Mitigation

Decarbonization and Energy Transition: Given the increasing urgency of limiting global
warming to 1.5°C, COP29 will likely focus heavily on mitigation strategies, particularly in key
sectors like energy, transport, and industry. This will involve strengthening climate
commitments, ensuring that more nations set net-zero emissions targets (and strengthen the
timelines for achieving them), and accelerating the global transition to renewable energy.

Energy Transformation: Expect heightened discussions around transitioning to clean energy

systems, particularly solar, wind, hydrogen, and nuclear energy, and reducing dependence on
fossil fuels. Energy security will continue to be a key issue for both developed and developing
countries, but there will be a focus on just transitions that do not leave workers or regions
dependent on fossil fuels behind.

4. Climate Finance

Financial Pledges: COP29 will continue discussions on climate finance, including the long-
standing promise from developed nations to provide $100 billion annually to developing
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countries for both mitigation and adaptation actions. However, the gap between pledges and the
actual finance provided remains a major issue, and countries will be under pressure to
demonstrate progress and accountability.

Private Sector and Investment: There is growing recognition of the role of the private sector in
financing climate action, and COP29 will likely see more commitments and initiatives from
corporations, financial institutions, and investors to fund climate-related projects, including
green bonds, sustainable investments, and carbon credit markets.

5. Adaptation and Resilience

Adaptation Plans: As climate change impacts become more apparent in different regions,
COP29 will likely focus on how countries can implement and scale up adaptation measures, such
as building resilience in agriculture, water management, infrastructure, and urban planning. This
will be especially important for vulnerable countries and Small Island Developing States (SIDS).

Early Warning Systems: There will also be emphasis on improving early warning systems for
extreme weather events, disaster preparedness, and climate resilience, to protect communities
from the impacts of floods, droughts, hurricanes, and other climate-related disasters.

6. Carbon Markets and Global Carbon Pricing

Article 6 of the Paris Agreement: COP29 will likely see continued discussions on the
implementation of Article 6, which allows for international carbon markets and carbon pricing
mechanisms to help countries meet their climate targets. This includes carbon credits, carbon
pricing, and the establishment of robust rules for transparent and effective carbon markets to
avoid greenwashing and ensure emissions reductions are legitimate.

Carbon Offset Standards: The creation of robust standards for carbon offsets and the tracking of
emissions reductions will be key agenda items, with countries and companies expected to report
progress on their carbon offset initiatives.

7. Strengthening Nationally Determined Contributions (NDCs)

NDC Enhancement: COP29 will continue the effort to ensure that countries enhance and
strengthen their Nationally Determined Contributions (NDCs). These are the national plans
outlining how each country intends to contribute to global climate goals. Some countries are
expected to update their NDCs, raising their emission reduction targets in line with the latest
science, while other nations may require more encouragement and support to do so.

Alignment with the Global Climate Goal: Discussions will focus on ensuring that countries'
NDCs align with the global goal of limiting warming to 1.5°C and that they are on track to meet
those goals. This will likely involve detailed reporting and tracking mechanisms.
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8. Focus on Climate Justice

Equity and Climate Justice: COP29 will continue to bring attention to the issue of climate justice,
especially the need for fair treatment of developing countries that are facing the brunt of climate
impacts despite contributing the least to global emissions. Discussions will center around
equitable solutions for adaptation, finance, technology transfer, and capacity building.

Just Transition: A just transition to a green economy that doesn’t leave vulnerable populations
behind will remain a core theme, ensuring that workers in high-emission sectors like coal, oil,
and gas are not left out of the shift toward clean energy.

9. Key Discussions on Climate Science and Solutions

IPCC Reports: COP29 will likely feature discussions based on the latest findings from the
Intergovernmental Panel on Climate Change (IPCC), which continues to release important
scientific reports on the state of the climate. These reports will provide the scientific basis for the
urgency of stronger actions and more ambitious commitments.

Innovations and Technology: New technologies and innovations in areas like carbon capture and
storage (CCS), clean hydrogen, and nature-based solutions will be highlighted. COP29 will
encourage countries to adopt and scale up technologies that can help reduce emissions, promote
sustainability, and protect ecosystems.

Conclusion: What to Expect from COP29 happening currently 12 nov -15 ,2024

COP29 will be a pivotal conference in the global fight against climate change. It will serve as a
platform to take stock of the progress made under the Paris Agreement, to enhance climate
ambition, and to ensure the proper operationalization of mechanisms like the Loss and Damage
Fund and carbon markets. The ultimate goal is to accelerate action to limit global warming to
1.5°C, while ensuring that the most vulnerable nations receive the support they need to adapt and
thrive in a changing climate.

Expect COP29 to provide crucial momentum toward global climate solutions and policy
alignment, driving action on mitigation, adaptation, finance, and international cooperation.

Key Themes and Trends in COP Meetings:

Climate Finance: Funding for developing countries, especially to assist in adaptation and
mitigation efforts, has been a recurring theme at COP meetings.

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Carbon Markets and Emissions Trading: Discussions around market-based mechanisms, like
carbon trading, have been central to negotiating climate solutions.

Global Temperature Goals: Achieving the 1.5°C target and transitioning to a low-carbon
economy are constant focal points.

Equity and Justice: Ensuring that the needs and rights of developing nations are prioritized in
global climate actions, including financial and technological support.

Implementation of the Paris Agreement: Since 2015, much of the focus has been on translating
the ambitious goals of the Paris Agreement into actionable national plans and policies.

These meetings demonstrate the ongoing evolution of global climate governance, with increasing
recognition of the urgency and scale of the climate crisis.

CONSTITUTION OF KENYA OF KENYA

The Constitution of Kenya, adopted in 2010, is a landmark document that enshrines the
principles of environmental protection and sustainable development. It recognizes the
importance of a healthy environment and provides a legal framework for the protection and
conservation of natural resources, ensuring that environmental considerations are integrated into
the nation's development processes.

Here are key aspects of the Constitution of Kenya (2010) that address environmental issues:

1. Environmental Right (Article 42)

Right to a Clean and Healthy Environment: Article 42 of the Constitution guarantees every
Kenyan the right to a clean and healthy environment. It states:

> "Every person has the right to a clean and healthy environment, which includes the right—

- to have the environment protected for the benefit of present and future generations through
reasonable legislative and other measures."

This article provides a strong constitutional basis for environmental protection, placing a legal
obligation on the state to protect the environment for current and future generations.

2. Environmental and Natural Resource Management (Article 69)

Obligations of the State and Citizens**: Article 69 outlines the responsibilities of both the state
and citizens regarding the environment and natural resources. It imposes duties on the state to
protect and conserve the environment and natural resources, as well as to promote sustainable
development. The article states:

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 - The state is required to ensure that the environment is protected for the benefit of present
and future generations, including adopting policies and programs that promote sustainable use of
natural resources.

- The state must take measures to prevent the degradation of the environment and ensure that
laws governing the use of natural resources are adhered to.

Specific Duties of the State:

- Ensure sustainable exploitation, utilization, and management of natural resources.

- Protect and conserve the biodiversity, wildlife, and ecosystems.

- Integrate environmental considerations into national planning and development programs.

Duties of Citizens:

- Every person has an obligation to protect the environment by preventing activities that are
harmful to the environment, and to cooperate in environmental conservation efforts.

- Citizens are encouraged to participate in the management and conservation of natural

resources.

3. Principles of Environmental Management (Article 69)

Article 69(2) outlines key principles that guide environmental management in Kenya:

- Sustainable Development: The Constitution emphasizes the importance of sustainable

development, which ensures that development meets the needs of the present without
compromising the ability of future generations to meet their own needs.

- Public Participation: There is a strong emphasis on public participation in decision-making

processes that affect the environment, ensuring that communities are involved in environmental
governance.

- Polluter Pays Principle: Those who cause environmental harm are required to bear the costs
associated with the damage caused to the environment.

4. Conservation of Natural Resources (Article 70)

Enforcement of Environmental Rights: Article 70 provides for the enforcement of the right to a
clean and healthy environment. It allows any person who believes their right to a clean and
healthy environment has been violated to approach a court to seek remedy. This provides a
judicial mechanism for holding the government and corporations accountable for environmental
violations.

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Judicial Review of Environmental Matters: The article enables the courts to review policies,
actions, and decisions that may lead to environmental degradation, ensuring that the right to a
healthy environment is upheld.

5. Devolution and Environmental Governance (Article 174)

The Constitution establishes a devolved government system under Chapter 11, which includes
the County Governments. Environmental management and conservation are responsibilities that
are shared between the national government and county governments.

County Governments have specific responsibilities for natural resources, land use, and
environmental management within their territories, while the national government provides
policy direction and coordination.

Counties are encouraged to participate in the planning, development, and management of

environmental and natural resources in a manner that is sustainable and considers the local
context.

6. Land and Environment (Chapter 5)

Land Use and Environmental Protection: Chapter 5 of the Constitution discusses the
management of land and natural resources, recognizing the need for sustainable land use, the
protection of public land, and the equitable distribution of resources. It mandates that the
ownership and management of land must consider environmental sustainability, and land-use
policies must prioritize environmental conservation.

National Land Commission (NLC): The National Land Commission, established under Article
67, has a role in managing public land, ensuring that land is used sustainably, and resolving
conflicts related to land use that affect the environment.

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7. Environmental Legislation and Policy

The Constitution mandates the creation of laws and policies that support environmental
protection and sustainable development. Several key laws and policies have been enacted in line
with constitutional principles, including:

- The Environmental Management and Coordination Act (EMCA) of 1999: This is the
primary law governing environmental management in Kenya. It provides the legal framework for

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environmental governance, including the establishment of the **National Environment
Management Authority (NEMA), which oversees environmental matters.

- The Forest Conservation and Management Act (2016): This law promotes the conservation
and sustainable management of Kenya's forests and other natural resources.

- The Wildlife Conservation and Management Act (2013): This law governs the protection of
Kenya's wildlife, ensuring the preservation of biodiversity and ecosystem services.

- The Climate Change Act (2016): This Act provides for the mitigation and adaptation to
climate change, and establishes a legal framework for climate governance in Kenya.

-The Water Act (2016): Governs the management of water resources in Kenya, emphasizing
the need for sustainable water use and conservation.

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8. International Agreements and Commitments

Kenya's international obligations: The Constitution acknowledges Kenya’s obligation to abide by

international environmental agreements and conventions. Kenya is a signatory to several global
and regional environmental treaties, including the **Paris Agreement on Climate Change** and
the Convention on Biological Diversity, which are integrated into national policy and law.

9. The Role of the Environment and Land Court (Article 162)

The **Environment and Land Court has specialized jurisdiction over environmental and land-
related matters. It provides a forum for addressing disputes related to environmental protection,
conservation, and land use, ensuring that environmental laws are properly enforced.

Key Takeaways:

The Constitution of Kenya enshrines the right to a clean and healthy environment and provides a
comprehensive framework for environmental governance.

- It emphasizes sustainable development, the participation of citizens in environmental decision-

making, and the polluter pays principle.

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- Environmental rights are justiciable, meaning that Kenyans can go to court if they believe their
environmental rights have been violated.

- Devolution allows county governments to manage natural resources at the local level while
ensuring national coordination and policy direction.

- The Constitution provides for the protection of biodiversity, land management, and climate
change** mitigation, aligning with Kenya’s global environmental commitments.

In essence, the Constitution of Kenya is a progressive document that ensures the protection of the
environment as a fundamental right, while also providing a framework for sustainable
development and natural resource management at both national and local levels.

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